QUESTIONNAIRE ON CIVIL PROCEDURE CODE, 1908

1. Who are necessary parties to a suit under the Civil Procedure Code?

A) Plaintiff and Defendant

B) Plaintiff, Defendant, and Witnesses
C) Only the Plaintiff
D) Only the Defendant

2. What is the purpose of the pleadings in a civil case under the CPC?

A) To initiate the trial

B) To conclude the trial
C) To frame the issues
D) To execute the decree

3. In the context of CPC, what does the term "lis pendens" refer to?

A) Pending appeal
B) Pending execution
C) Pending suit
D) Pending examination

4. The Term"Res Judicata"means

A)Further proceeding
B)A matter already adjudicated
C)Stay of proceeding
D)Bar the Proceedings
5. Preliminary Decree is one
A.) which determines the rights of the parties with regard to some or one of the matters in
controversy in the suit but does not finally dispose of the suit
B.) which determines the rights of the parties with regard to some or one of the matters in
controversy in the suit, which may have the effect of final disposal of the suit
C) both (a) & (b)
D) neither (a) nor (b).

6. Legal representative means/includes

(A) Person who is law represents the estate of a deceased person

(B) Any person who intermeddles with the estate of the deceased
(C) The person on whom the estate devolves on the death of the party
(D) All of the above

7. The Court may frame the issues from–

(A) Allegations made on oath by the parties, or by any persons present on their behalf, or
made by the pleaders of such parties
(B) Allegations made in the pleadings or in answers to interrogatories delivered in the suit
(C) The contents of documents produced by either party
(D) All of the above

8. The provisions relating to abatement do not apply to–

(A) Appeals
(B) Execution proceedings
(C) Both (a) and (b) above
(D) None of the above

9. Which of the following operate as res judicata–

(A) A withdrawal of suit

(B) An exparte decree
(C) A compromise decree
(D) None of the above
10. Agreement between the parties to institute the suit relating to disputes in a particular
Court–

(A) Does not oust the jurisdiction of other Courts

(B) May operate-as estoppels between the parties
(C) Both (a) and (b) above
(D) None of the above

11. The Doctrine of res judicata applies to–

(A) Changing circumstances

(B) Static situations
(C) Both (a) and (b) above
(D) None of the above

12. A residing in Dehradun, beats B in Delhi. B may sue A under the Code–

(a) Delhi
(b) Dehradun
(c) Either (a) or (b)
(d) Only (a) not (b)

13. A decree may be executed by

(a) Court which passed it

(b) Court to which sent for execution
(c) Appellate Court
(d) Both (a) and (b) above

14. Provision regarding Res subjudice are–

(a) Mandatory
(b) Discretionary
(c) Not Mandatory
(d) Directory

15. The jurisdiction of the Civil Court is based on–

(a) Pecuniary jurisdiction
(b) Territorial jurisdiction
(c) Subject matter jurisdiction
(d) All of the above

16. Once a Preliminary decree is passed in a suit

(a) The suit will comes to an end

(b) The suit will continue
(c) Either (a) or (b)
(d) None of the above

17. A statement given by Judge on the ground of decree or order is called

(a) Plain
(b) Written statement
(c) Judgment
(d) Summons

18. Among the following which are suits of civil nature–

(a) Suits for recovery of voluntary payments or offerings

(b) Suits involving principally caste questions

(c) Suits relating to taking out of religious processions

(d) None of the above

19. Among the following which are suits of a Civil nature–

(a) Suit relating to rights to worship

(b) Suit relating to right to shares in offerings
(c) Suits for upholding mere dignity or honour
(d) Both (a) and (b) above
20. When can a court appoint a receiver under the CPC?
A. Only when requested by the plaintiff
B. At any stage of the suit
C. Only when the defendant consents
D. Only in criminal proceedings

21. What is the role of a receiver in civil proceedings under the CPC?

A. To represent the defendant

B. To assist the judge in taking notes
C. To manage and preserve the property in dispute
D. To provide legal advice to the parties

22. How can the appointment of a receiver be terminated under the CPC?

A. Automatically after six months

B. Only by the plaintiff's request
C. By court order or upon the receiver's application
D. Only when the defendant agrees

23. What is the duration of a temporary injunction granted by the court?

A. Until the plaintiff requests its dissolution

B. Until the conclusion of the trial
C. Maximum of 30 days
D. Maximum of 90 days

24. Which of the following is a ground for granting a temporary injunction?

A. Anticipatory breach of contract

B. Damages already incurred
C. Public interest
D. Delay in filing the suit

25. Which type of injunction is granted during the pendency of a suit to maintain the status
quo until the final judgement?

A. Temporary Injunction
B. Permanent Injunction
C. Mandatory Injunction
D. Prohibitory Injunction

26. Abatement in a civil suit occurs when:

A. The court dismisses the suit.

B. The plaintiff fails to appear at the first hearing.
C. One of the parties to the suit dies.
D. The suit is transferred to another court.

27. When can a third-party be impleaded in a suit?

a) At the initiation of the suit

b) Only with the permission of the court
c) Only if the defendant agrees
d) Only in criminal cases

28. In a suit for specific performance of a contract, who is a necessary party?

a) Plaintiff
b) Defendant
c) Contracting Party
d) Witness

29. A written statement –

(a) May contain new facts in favor of the defendant

(b) May contain legal objections to the claim of the plaintiff
(c) Must be confined to the reply of the plaint
(d) Both (a) and (b) above

30. After the rejection of plaint, whether the plaintiff can institute fresh suit on the same
cause of action–

(a) Can institute another suit

(b) Can institute another suit with the permission of the High Court
(c) Cannot institute another suit
(d) Both (a) and (b) above
31. When defending suits, government officers should ensure that:

A. The suit was filed without serving notice u/s 80 CPC.

B. The suit is filed without any notice requirements.
C. The suit was filed after service of notice u/s 80 CPC.
D. Notice u/s 80 CPC is not applicable in government-related cases.

32. Under Order XXVII Rule 5B, government officers can insist on the court:

A. Dismissing the suit without further consideration.

B. Awarding exemplary damages to the government.
C. Exercising its power to arrive at a settlement amicably.
D. Allowing the government to appeal the decision immediately.

33. How should statements in the written statement (WS) be presented?

A. Ambiguous and open to interpretation.

B. Clear and concise; all denials should be specific.
C. Lengthy and detailed to cover all possibilities.
D. Based on the lawyer's discretion.

34. If a judgment is challenged, what is the legal remedy available to the aggrieved party?

A. Revision
B. Res Judicata
C. Injunction
D. Appeal

35. What does the term "decree" mean in the context of a judgment under the Civil Procedure
Code?

A. A summary of the case.

B. A final and formal expression of the adjudication.
C. A temporary order pending further investigation.
D. A statement of the plaintiff's claims.
36. Is an order refusing stay in an appeal considered a decree?

A. Yes
B. No
C. Only if the stay is granted
D. Only if the appeal is dismissed

37. Are interlocutory orders considered decrees?

A. Yes
B. No
C. Only if they dispose of the entire case
D. Only if they are appealed

38. Is a dismissal in default for non-appearance considered a decree?

A. Yes
B. No
C. Depends on the court's discretion
D. Only if a counterclaim is filed

39. What is a summons in the context of the Civil Procedure Code?

A. A court order to attend a social event.

B. A legal document notifying a party of a lawsuit and requiring their appearance in
court.
C. A request for voluntary participation in mediation.
D. A notification of court holidays.

40. Within what period should the defendant appear in response to the summons?

A. 7 days
B. 15 days
C. 30 days
D. 45 days

41. If the defendant fails to appear after being properly served with a summons, what can the
court do?
A. Dismiss the suit without further notice
B. Issue a warrant for the defendant's arrest
C. Proceed with an ex-parte judgment
D. Grant additional time to the defendant

42. Can a summons be served through electronic means?

A. Yes, always
B. No, never
C. Yes, with the court's permission
D. Yes, only in criminal cases

43. Who bears the cost of serving the summons?

A. Plaintiff
B. Defendant
C. Government
D. Court

44. What is the consequence if a defendant intentionally avoids service of summons?

A. The case is automatically dismissed

B. The court issues an arrest warrant for the defendant
C. Substituted service is ordered by the court
D. The plaintiff loses the right to pursue the case

45. What is the permissible mode of electronic service of summons under the Civil Procedure
Code?

A. Email only
B. WhatsApp message only
C. Both email and WhatsApp message
D. Electronic service is not allowed

46. Which method of serving summons involves delivering the summons to the person in
question?
A. Registered Post
B. Speed Post
C. Personal Service
D. Publication

47. What may happen if neither party appears on the date fixed for the hearing?

A. The case is closed without any consequences.

B. The court issues a show-cause notice to both parties.
C. The court may dismiss the suit or make such order as it deems fit.
D. The court automatically reschedules the hearing.

48. What is the consequence of the plaintiff's non-appearance when the suit is called for
hearing?

A. The suit is dismissed.

B. The defendant is declared the winner.
C. The court grants an automatic judgment in favor of the plaintiff.
D. The court issues a warning to the plaintiff.

49. What does the doctrine of Res Judicata mean in the context of the Civil
Procedure Code?

A. The principle of fairness in legal proceedings.

B. A Latin term for legal representation.
C. A doctrine preventing the same matter from being litigated again.
D. The power of the court to stay proceedings.

50. Which of the following elements must be present for Res Judicata to apply?

A. Same parties, same cause of action, and same relief sought.

B. Same parties, same cause of action, but different relief sought.
C. Different parties, same cause of action, and same relief sought.
D. Different parties, different cause of action, and different relief sought.